People v. Ward

• Decision Date: 07 June 1984
• Docket Number: Docket No. 60310
• Citation: 351 N.W.2d 208,133 Mich.App. 344
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael Charles WARD, a/k/a Kenneth Dean Watson, Defendant-Appellant. 133 Mich.App. 344, 351 N.W.2d 208
• Court: Court of Appeal of Michigan — District of US

Page 208

351 N.W.2d 208

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael Charles WARD, a/k/a Kenneth Dean Watson Defendant-Appellant.

Docket No. 60310.

133 Mich.App. 344, 351 N.W.2d 208

Court of Appeals of Michigan.

Submitted Dec. 8, 1983.

Decided March 7, 1984.

Rehearing Denied April 20, 1984.

Released for Publication June 7, 1984.

[133 MICHAPP 346] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., William F. Delhey, [133 MICHAPP 347] Pros. Atty., and David A. King, Asst. Pros. Atty., for the People.

James R. Neuhard, State Appellate Defender by Terrence R. Flanagan, Asst. Appellate Defender, for defendant-appellant.

Before KELLY, P.J., and CYNAR and KINGSLEY, ^* JJ.

PER CURIAM.

On April 7, 1981, defendant Michael Ward, also known as Kenneth Dean Watson, was found guilty by a Washtenaw County jury of possession of a controlled substance with intent to deliver 650 or more grams, contrary to M.C.L. Sec. 333.7401, subds. (1), and (2)(a)(i); M.S.A. Sec. 14.15(7401), subds. (1), and (2)(a)(i). Defendant was sentenced to a statutorily mandated life sentence and appeals as of right.

The facts set forth below resulted in two criminal prosecutions: the one which comprises the instant case, and an Ingham County prosecution for conspiracy to deliver cocaine. A lower court order dismissing the Ingham County charge was reversed by this Court, People v. Ward, 107 Mich.App. 38, 308 N.W.2d 664 (1981), lv. den. 417 Mich. 938 (1983).

In March 1979, the Tri-County Metro Narcotic Squad was investigating cocaine trafficking in the Michigan State University campus area. Information had been received that one Randall Seaver was a large-scale cocaine dealer in the Lansing area. The house that Seaver lived in on West Lake Lansing Road in Ingham County was placed under periodic surveillance beginning in late 1978 or early 1979. Tri-County Metro Officer Rick Boyd testified that on two separate occasions information[133 MICHAPP 348] was received from two reliable confidential informants to the effect that Seaver was distributing "large loads" of cocaine. On or about March 17, 1979, Officer Boyd was told by a confidential informant that Seaver was expecting "a load" of cocaine to come in during that particular week. Tri-County Metro officers began a continuous surveillance of Seaver's house, starting on March 20, 1979. The house next door to Mr. Seaver's residence was for sale at the time and was unoccupied. The realtor allowed the Tri-County Metro officers to use the house for their surveillance.

On the afternoon of March 20, 1979, defendant was observed for the first time by the Tri-County Metro surveillance team. He arrived at Seaver's house on West Lake Lansing Road, driving a white 1979 Pontiac Bonneville. He removed a briefcase from the trunk of his car and carried it into Seaver's house. A short time later, defendant was observed leaving the house carrying the briefcase. He placed the briefcase in the trunk of the car and drove away. Defendant reappeared at the Seaver residence, stayed for a short period of time, and left again. The police officer on surveillance followed him south on US 127, east on I-96 to US 23 and then north to the M-59 exit. At this time, the surveillance officers saw a Michigan state police patrol car. Officer Stanley Granger spoke to the state trooper and requested that he stop defendant in order to ascertain his identity. As a result of the contact between defendant and the state trooper, it was learned that defendant had a Florida driver's license in the name of Kenneth Dean Watson with an address in Plantation, Florida. The state trooper informed the narcotics officers that he stopped defendant for an illegal turn, but no traffic citation was issued.

[133 MICHAPP 349] Defendant arrived again at Randall Seaver's residence on the afternoon of March 21, 1979. Officers Szilagyi and Granger were conducting their surveillance from the house next door to Mr. Seaver's residence. The distance between the two houses was approximately 125 feet. Officer Szilagyi observed defendant as he walked out of Seaver's house on the afternoon of March 21, 1979. Defendant came out of Seaver's house and walked to his rented vehicle parked in the driveway. Defendant was wearing a ski jacket. He opened the trunk of his car and proceeded to take something out of his coat pocket. Officer Szilagyi began taking pictures, using two different camera lenses, a 200 mm and 300 mm lens. At the same time, he relayed his observations by radio to Officer Boyd, who was parked at a 7-11 party store several hundred yards from Seaver's house. Officer Szilagyi thought he saw the defendant remove a white package the size of several hot dogs from his pocket. Officer Szilagyi believed the package to be cocaine. Defendant drove in a westerly direction on West Lake Lansing Road for one and one-half blocks, then made a U-turn and drove east. As defendant drove away, Szilagyi informed Boyd that he believed that the defendant had hidden cocaine in the rear-deck area of the trunk. Officer Boyd informed Szilagyi that he was going to stop defendant, place him under arrest, and obtain a search warrant for the car. Boyd followed defendant to a gas station located at Lake Lansing and Abbott Roads, approximately one-quarter mile from Seaver's house. Officer Boyd pulled his car in front of defendant's car. Defendant was ordered out of his car and searched. Boyd informed defendant that he was under arrest for violation of the controlled substances act.

[133 MICHAPP 350] Defendant had over $250 in cash in his pants pocket. Boyd informed defendant that he was going to jail and defendant requested that his jacket not be left in the car because it contained a large sum of money. Officer Boyd removed the jacket from the car. The inner pocket of the jacket contained $5,000 cash, mostly in small bills. Also found in the jacket was a large, gold-colored key, upon which was inscribed "147" in large numerals. A thorough search of the car revealed no glassine package, white substance, or cocaine. A small quantity of Quaaludes was found, as was a Florida driver's license in the name of Kenneth Dean Watson, and a slip of paper upon which was written "Ken, 157, 665-3500". Officer Boyd testified that although no cocaine was found in the car, defendant remained in custody on the basis of his being in possession of Quaaludes.

Within 15 minutes of defendant's arrest, other officers from the surveillance team made an entry without a warrant into Seaver's home. They detained Seaver and a female friend for several hours while awaiting the arrival of a search warrant. During this time, Seaver was "high" and fell asleep for a couple of hours, having previously ingested cocaine and Quaaludes. Before the issuance of the search warrant, the officers found Quaaludes, cocaine, and psilocybin mushrooms in Seaver's home. Officer Boyd arrived with the search warrant for the Seaver residence. Mr. Seaver approached Boyd and requested a private conversation. The two men went into a bedroom. Seaver asked Boyd if it would be helpful to his case if he had information to give to the police. Boyd informed Seaver that the Ingham County Prosecutor would have to approve any deals.

Officer Boyd informed Seaver that defendant [133 MICHAPP 351] had already been arrested. Seaver told Boyd that the defendant's real name was Michael Ward. Seaver had known defendant for a long time and stated that defendant supplied Seaver with large quantities of cocaine. Seaver further stated that defendant had told him that same day that he had a large quantity of cocaine and money hidden in a motel room. Seaver did not know where the motel was located.

The telephone number found in defendant's car proved to be that of the Wolverine Inn. Through his telephone conversation with the clerk at the Wolverine Inn, Boyd discovered that the Inn was located in Ann Arbor and that a person named Kenneth Watson was registered in room 147. The front desk put Boyd through to room 147 but no one answered the room's telephone.

Boyd and two other officers traveled to Ann Arbor to obtain a warrant to search the hotel room. After securing the warrant, officer Boyd utilized the room key seized from defendant at arrest to open the door to room 147. Defendant's suitcase and clothing bag were searched first, and no cocaine was found in either one. The officers then looked under the bed and searched the drawers in the bathroom. One of the uniformed Ann Arbor officers unscrewed the plumbing access panel in the bedroom. He informed the other officers that there were two grocery bags inside the panel. Officer Granger removed both bags, which were sealed with silver duct tape. Both bags were opened. The first bag contained $55,900 cash. The money was wrapped in several stacks and consisted of 10-, 20-, 50-, and 100-dollar bills. The second bag contained 21 clear plastic heat-sealed bags containing a white powdery substance. The two grocery bags and their contents were taken by [133 MICHAPP 352] the police. Also taken were the two pieces of luggage and their contents, hotel and rental car receipts found in the room, the contents of a shaving kit, an ink pen, an empty matchbook, and the plumbing access panel. The police obtained the guest registration slips for room 147 from the front desk clerk in the morning of March 22, 1979. The slip showed that room 147 was rented to Kenneth Watson on March 20, 1979. The room was paid for in cash.

Defendant was charged by the Washtenaw County prosecutor with possession with intent to deliver 650 or more grams of cocaine and possession of 650 or more grams of cocaine. (In Ingham County, defendant was charged with conspiracy to deliver cocaine.) Before his preliminary examination, defendant filed a motion to suppress evidence. This motion was denied. Defendant was bound over to circuit court. An evidentiary hearing was held on defendant's motion to quash the search warrant...